AN ACT to renumber and amend 111.337 (1); and
to create 111.337 (1) (b) and 450.135 of the statutes; relating to:
employment discrimination based on creed and exemption from liability and
discipline for pharmacists who refuse to dispense for abortions, assisted
suicides, and euthanasia.

The people of the state of Wisconsin, represented in senate and
assembly, do enact as follows:

SECTION 1. 111.337 (1) of the statutes is renumbered 111.337 (1) (intro.)
and amended to read:

111.337 (1) (intro.) Employment discrimination because of creed includes,
but is not limited to, refusing any of the following:

(a) Refusing to reasonably accommodate an employee's or prospective
employee's religious observance or practice unless the employer can
demonstrate that the accommodation would pose an undue hardship on the
employer's program, enterprise, or business.

SECTION 2. 111.337 (1) (b) of the statutes is created to read:

111.337 (1) (b) Discriminating against any pharmacist licensed under ch.
450 by engaging in any of the actions prohibited under s. 111.322 on the
basis of the pharmacist's refusal to dispense a prescribed drug or device
because the pharmacist believes that the drug or device would be used for
the purpose of any of the following:

1. Causing an abortion, as defined in s. 253.10 (2)
(a).

2. Causing the death of any person, if the pharmacist
consults with the practitioner who prescribed the drug or device before the
pharmacist makes the refusal.

(1) In this section, "abortion" has the meaning given in s. 253.10 (2)
(a).

(2) No pharmacist may be required to dispense a prescribed drug or device
if the pharmacist has reason to believe that the drug or device would be
used for the purpose of any of the following:

(a) Causing an abortion.

(b) Causing the death of any person, if the
pharmacist consults with the practitioner who prescribed the drug or device
before the pharmacist makes the refusal.

(3) A pharmacist's refusal to dispense a prescribed drug or device
because he or she has reason to believe that the drug or device would be
used for a purpose described in sub. (2) (a) or (b) may not be the basis for
any of the following:

(a) A claim for damages against the pharmacist or the
pharmacy of the pharmacist.

(b) Disciplinary action by the board or department
against the pharmacist.

SECTION 4.0Initial applicability.

(1) This act first applies to refusals made on the effective date of this
subsection.

This bill provides that a pharmacist licensed by the Pharmacy Examining
Board (board) in the Department of Regulation and Licensing (DRL) may not be
required to dispense a prescribed drug or device if the pharmacist has
reason to believe that the drug or device would be used for causing an
abortion. An "abortion" is defined as the use of an instrument, medicine,
drug, or other substance or device with the intent to terminate the
pregnancy of a woman known to be pregnant or for whom there is reason to
believe that she may be pregnant. In addition, there must be no intent to
increase the probability of a live birth, to preserve the life or health of
the infant after live birth, or to remove a dead fetus. Also under the bill,
a licensed pharmacist may not be required to dispense a drug or device if
the pharmacist has reason to believe that the drug or device would be used
for causing the death of a person, if the pharmacist consults with the
practitioner who prescribed the drug or device.

The bill also provides that a pharmacist's refusal to dispense a
prescribed drug or device because he or she has reason to believe that the
drug or device would be used for a purpose described above may not be the
basis for a claim for damages against the pharmacist or the pharmacist's
pharmacy. Also, such a refusal may not be the basis for disciplinary action
by the board or DRL against the pharmacist.

This bill expands the definition of employment discrimination based on
creed.

Under current law, "creed" is defined as a system of religious beliefs,
including moral or ethical beliefs about right and wrong, that a person
sincerely holds with the strength of traditional religious views. Employment
discrimination based on creed is defined to include refusing to accommodate
reasonably an employee's or prospective employee's religious observances or
practices unless the employer can demonstrate that the accommodation would
pose an undue hardship.

The bill also expands the definition of employment discrimination based
on creed to include discriminating against a pharmacist on the basis of his
or her refusal, based on creed, to dispense a prescribed drug or device that
the pharmacist has reason to believe would be used for causing an abortion
or causing the death of a person. Under the bill, discrimination includes
refusing to hire a pharmacist, terminating a pharmacist's employment, and
discriminating against a pharmacist with respect to promotions,
compensation, or terms, conditions, or privileges of employment. There is no
exception for an employer to show that the pharmacist's refusal poses an
undue hardship.